Rule 1 of the ORDER XLVII of the Supreme Court Rules, 213 is as under:
“1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule I of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.
The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.”
It is clear from the above that in a criminal proceeding, an application for review will not be entertained except on the ground of an error apparent on the face of the record.
The Rule itself makes it clear that the Certificate along with the Review Application:
(1) has to be given by the Advocate on Record;
(2) that it has to certify that it is the first application for review;
(3) that it has to certify that is based on the grounds admissible under the Rules (which mans that it is on the ground of an error apparent on the face of the record).
The Rules do not include any specific format. Your advocate on record should be able to do that.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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